PROCEDURE-COURT

Holdover Petition Served 13 Days Before Initial Court Date Was Defective

September 24, 2018    

Landlord sued to evict tenant. Landlord claimed that the building contained fewer than six apartments and therefore wasn't rent stabilized. Tenant agreed to move out but later asked the court to vacate the...

Tenant May Need Guardian ad Litem

September 20, 2018    

Landlord NYCHA sued to evict tenant for failing, neglecting, or refusing to furnish complete income verification information. Landlord said that tenant failed to appear at an administrative hearing after being given...

Landlord Didn't Deliver Copy of Court Petition to NYCHA

July 25, 2018    

Landlord sued to evict NYCHA tenant for material noncompliance with his lease by failing to provide apartment access on two dates for repairs. Tenant asked the court to dismiss the case, claiming that landlord's...

Apartment Was Properly Identified in Court Papers

June 26, 2018    

Landlord sued to evict tenant from cooperative apartment. The court granted tenant's request to dismiss the case, finding that the apartment wasn't properly identified in the court papers. Landlord appealed...

Landlord Didn't Send NYCHA Copy of Eviction Petition

June 25, 2018    

Landlord sued to evict tenant. Tenant asked the court to dismiss the case. Tenant received a Section 8 voucher from NYCHA and landlord failed to comply with the Williams consent decree or properly state tenant's...

Landlord's Nonpayment Case Dismissed Due to Defective Rent Demand

May 29, 2018    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the rent demand was defective and asked landlord to dismiss the case. The court ruled for tenant. Tenant had paid rent for April, May, and...

Acceptance of One HRA Payment After Lease Termination Didn't Waive Termination Notice

May 29, 2018    

Landlord sued to evict tenant for keeping a dog in violation of his lease. Tenant asked the court to dismiss the case because landlord accepted rent payment during the window period after his tenancy was terminated...

Court Vacates Settlement Agreement Tenants Signed Without Interpreter

May 28, 2018    

Landlord sued to evict rent-stabilized tenants for creating a nuisance. On the first court date, tenants and landlord signed a settlement agreement by which tenants agreed to move out. Tenants later asked the court...

Court Quashes Landlord's Trial Subpoenas

April 26, 2018    

Landlord sued to evict tenant. The court granted tenant's request to quash subpoenas landlord sent to non-parties seeking records relevant to eviction issues. Landlord asked to reargue the request, seeking a...

Landlord Sufficiently Described Apartment's Regulatory Status in Court Papers

April 26, 2018    

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out of the apartment. Occupant asked the court to dismiss the case, claiming that landlord's court petition was defective because...

Tenants Entitled to Costs from NYCHA for Overlapping Nonpayment Proceedings

April 26, 2018    

Landlord NYCHA sued to evict various tenants for nonpayment of rent. The court became aware that there were additional nonpayment proceedings commenced against each tenant seeking overlapping rent. The court notified...

Nonpayment Case Delayed While DHCR Decides Tenant's Overcharge Claim

April 25, 2018    

Landlord sued to evict unregulated tenant for nonpayment of rent. A year before landlord sued tenant, tenant had filed a rent overcharge complaint with the DHCR, claiming that he was improperly deregulated. Tenant...

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